According to this digg.com article, the MOBO is the one piece of the PC that matters.
Reminds me of guns, where the receiver is stamped and potentially has a license attached to it. You might be able to buy any other of that same gun as a replacement part, but a new receiver would constitute a new “firearm” under the law.
Usually when you’re buying a MOBO you’re building a new machine, so yeah, it should have a new Windows license.
Unless you’re upgrading.
Or you don’t use Windows.
Just how much is MS suggesting we pay to “upgrade” to a new MOBO,
and what if I want to buy a mass-market MOBO to use with a different OS? Do I still have to pay the XP/Vista license “tax”?
And just as a point of reference, how much does the Windows XP Home license add to a brand new 2.5Ghz/533FSB/256MB/80GB Dell with free 15"LCD for $299? Twenty Bucks? Even assuming Dell’s awesome economies of scale, the hardware/shipping/ad money comes out to almost that much.
In my experience as a computer repair provider swapping motherboards is not a licence problem. I have done so many times over and have never had MS refuse to activate a copy of XP, even using a shop copy of XP and a customers OEM key on their case. There are several potential version conflicts but its not MS policy in my experience to claim new mobo = new licence.
At least in theory, if not in fact as long as it is only installed on one machine at a time MS could care less how many times you rebuild your machine and install the same copy of windows on it each time.
So, the OEM license is for that piece of hardware and that piece only.
The retail EULA has this:
So, if it OEM you cannot move the OS to another computer. If it is retail, you can. I can undertsand* why MS might want to put this in place. I know a bunch of people who upgrade there computers all the time. They have basically new machines every six months (some every three months) yet they use the same OEM license on the machine even though the only orginal parts are the case, power supply, and cables.
I imagine (but do not know) that if your MOBO fries and you get a new one MS will probably let it go. Then again, it is MS so they might not. Or you could just pay for the retail OS and not worry about it.
Upgraded my machine about a year ago with a new motherboard. Had to call MS support to reactivate Windows XP. I told them that my old motherboard had died on me, read off my serial number, and they gave me an activation code with no problems. What MS claims it can do and what MS actually does are not always the same thing.
I upgraded my computer a few years ago. They re-activated my OEM copy of Windows without any complaints, even though I had replaced the MOBO and CPU. Really, they don’t care as long as it’s only running on one computer.
I did a couple of re-installs during the 30 day grace period before I had to register, swapping hardware and such. I couldn’t register (or activate, or whatever it’s called) since the OS had been “installed” more than once, I had to call MS. They just asked me how many hard drives I had the OS on, and I told them just the one. Then they gave me an activation code about twice as long as the one that came with XP, but they didn’t indicate it was any problem.
This is how Windows XP works with regards to upgrades and re-activations:
Up to 3 main components may be changed within a 3 month period without requring Windows reactivation. “Main” components include motherboard, CPU, RAM, any IDE or SATA device, or any PCI, AGP or PCI-E device. Removable/hot-swappable devices, such as PS/2, serial, parallel, USB or FireWire devices, external SATA devices, PCMCIA devices, or swappable drives (such as laptop CD/DVD-ROM/Floppy devices) are exempt and do not count towards the “3-in-3” rule.
The 3-month period resets every 3 months. If in 3 months (a month defined as 30 days) you have changed three (but no more) devices by the time the three month period hits its reset point, you are free to upgrade another 3 components without requiring re-activation.
If you change more than 3 devices in 3 months and require re-activation, you can call Microsoft to do so. Once re-activated, the 3 month limit is reset.
If your installation of new hardware requires a clean install (such as installing a new motherboard) you will have to re-activate with Microsoft regardless as your previous information will have been wiped out.
At no time do you have to actually pay for any kind of upgrade. Reactivation is free. It’s just a pain in the ass.
All of this, incidentally, is what I was trained on by MS reps when I worked retail during the XP launch.
I’m not sure I’m reading this in the way you intended, but if you don’t use Windows, you certainly don’t need to pay for a new Windows license. It can be a bit of a challenge to buy a machine without Windows on it in the first place*, so some Linux/BSD/whatever folks have a “first” windows license that they don’t need, but you wouldn’t need to buy ANOTHER one just because you were replacing a motherboard (or for any other reason other than installing Windows).
hints: Building a machine yourself is actually pretty easy, and doesn’t require a Windows license until you actually put Windows on it. Alternatively, there are places that will sell you boxes preconfigured with Linux. Finally, most of the “big” places will sell you a server either with Linux or “bare,” which is often only a component or two away from a desktop machine.
My only data point on this is old, but may be telling.
In 1997 a Windows 95 license probably cost first tier (Compaq, Dell, HP) suppliers around $35. I say probably because I deduced this from pricing structures and trade magazine, and I say “around” because I doubt Microsoft made everyone pay exactly the same. Sales of that size are usually negotiated at high levels and not priced on the basis of set policies. It would have cost a very small time PC computer dealer (like I was then) around $95 for the same license. Windows NT 4 Workstation would have cost substantially more, but my memory is failing as to the numbers at either of the two volume levels.
The interpretation posted by sleestak is incorrect, so do not rely on it. The OEM EULA has no different requirements or burdens on it regarding upgrading of components. Mindfield’s summary is accurate.
Actually, not so much anymore based on MS’ recent change to the EULA linked in the OP. They state that a motherboard upgrade will require a new license. A totally and unabashedly bald-faced money grab if you ask me. It does pose a few questions though: They are “asking” OEMs to comlpy with the new agreement when they upgrade a client’s motherboard. What does this to for those who upgrade their own machines? Are OEMs going to bundle new XP discs in with motherboards, thus raising the cost? And by “asking” do they mean “asking” or “telling in the form of a request?” Do they really have the pull to do this? It’s not like motherboard OEMs have any compelling reasons to obey Microsoft unless MS threatens to withhold logo certification from non-compliant OEMs. I also imagine the backlash this will generate is going to drive a lot more people to A) piracy, B) Linux, or C) Mac.
The rest of that argument is best left for the pit.